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1 complaints closed in the last 12 months. 53 talking about this. The business judgment rule affords an officer the presumption that he or she acted in good faith, and absolves the officer of personal liability unless it is established that he or she engaged in fraud, bad faith or an abuse of discretion: (Citations and punctuation omitted.) Blake further alleged that Brock Built tortiously breached its duty of good faith and fair dealing in determining its annual net profit for the purposes of calculating Blake's incentive compensation. 141, 143-144, 671 S.E.2d 195 (2008). Brock USA, LLC and NexxField, Inc. settled their lawsuit that was pending in the U.S. District Court for the Northern District of Illinois in which Brock asserted that NexxField's Original NexxPAD product infringes six U.S. 579, 584(2) (602 S.E.2d 297) (2004). Brock Built Homes is seeking to build a mixed-use community in Alpharetta, with 37 single-family homes, 144 townhomes and four office buildings, according to plans filed with the city. It would include about 42,000 square feet of retail, offices, and restaurants, 37 single-family homes, and 144 townhomes, with internal greenspaces and ponds claiming the rest. Court of Appeals of Georgia. I modified an existing floor plan and picked out my own colors and fixtures. [C]onstruing the evidence in favor of [Blake], there was evidence that the contingency fee [he] agreed to pay was a valid indicator of the value of [his] attorney's services.17. In determining whether a corporate officer has fulfilled his or her statutory duty, Georgia courts apply the business judgment rule. From the variety of our award-winning floor plans to our energy efficient features, you will find our Craftsman, Traditional, Modern, and Custom-built new homes are designed with your lifestyle in mind. About a mile and a half east of Marietta's historic square, within clucking . The evidence produced by [Blake], i.e. Brock Built, LLC, sued Brock Built alleging that Brock Built breached his employment contract by terminating him and failing to pay the severance . See also Bourke, 277 Ga.App. 1, 5(3) (673 S.E.2d 858) (2009). (Citation and punctuation omitted.) LEXIS 18246, *9-10(II) (N.D.Ga.1997). Contact Information 1110 Northchase Pkwy SE Ste. This business has 0 reviews. "In two weeks the price of this house will increase by $25,000. No. Georgia law requires that corporate officers and directors discharge their duties in good faith and with the care of an ordinarily prudent person in a like position. FN12. at 890(3). Who is Brock Built. FN6. 1846 Brooks Dr Nw, Atlanta, GA, 30318. 68, 72-74, 110 S.E.2d 128 (1959). They have always been innovative and on the leading edge of new market development in the Atlanta area. Get in touch with Brock Built today. Driskell conceded, however, that he did not reach an independent determination of the company's net income for 2005 based on Brock Built's financial information. If the two sides do not agree, a lawsuit is filed. We most appreciate the punctuality of the entire process. FN18. Although a duty of good faith and fair dealing arises in every contract, the mere breach of a contractual duty is insufficient to create a cause of action for tortious conduct. Although we agree with Blake that, under certain circumstances, factual allegations of misconduct such as those involved in this matter can give rise to a cause of action in tort, this is not one of those cases. See id. 883, 889(3) (663 S.E.2d 379) (2008), quoting Home Depot U.S.A. v. Tvrdeich, 268 Ga.App. The trial was continued to May 31, 2011, when Salvati testified. FN17. Zillow Group is committed to ensuring digital accessibility for individuals with disabilities. 751, 758(5), 556 S.E.2d 517 (2001); Physician Specialists in Anesthesia v. Wildmon, 238 Ga.App. In Georgia, an attorney cannot recover for professional services without proof of the value of those services. (Punctuation omitted.) FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. This argument misconstrues the trial court's ruling. FN14. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. 94104, Brock Built Homes LLC has a BuildZoom score of. See ServiceMaster Co., 252 Ga.App. The trial court did not find that Terranova Properties was not in fact a third-party, but instead concluded that Blake's role in his own corporation did not constitute employment with a third party as required by the contract in order to find that Blake forfeited half of his severance. See id. See also Hofrichter/Stiakakis, 291 Ga.App. Brock Built relies heavily on the fact that during the February 10 meeting, Brock offered to allow Blake to "keep [his] pride" and say that he resigned, and that during the February 13 meeting, when Brock asked if Blake had any discussions with other employees, Blake responded that he told one employee that he "was leaving" and would "probably start [his] own company." projects. where current residents and new homeowners can feel at home. Whether Blake forfeited half of his severance was not at issue during the previous appeal. A proposed class action lawsuit filed by members of an Indian Land, South Carolina residential community claims that Pulte Home Company, LLC was negligent in handling the construction of thousands of homes that were built with defective foundations on poorly constructed soils and ill-designed grading. Do you work for this business? building #2 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1919 bay line lane nw. Blake's attorney objected, explaining that during Salvati's April 2007 deposition, Brock Built's counsel instructed her not to offer any testimony regarding the tax return. Williamson v. Strickland & Smith, Inc., 296 Ga.App. We are continuously working to improve the accessibility of our web experience for everyone, and we welcome feedback and accommodation requests. FN7. Brock Built Homes LLC is proposing to develop a 275-home community in booming Bartow County, northwest of Atlanta. Munger & Stone, Thomas J. Munger, Benjamin A. Our convenient, carefully curated communities are second-to-none. Judgment affirmed in part and reversed in part. Please switch to a supported browser or download one of our Mobile Apps. The Adeline is a 3-story townhome with more than 1,900 square feet, three bedrooms and three-and-a-half baths, while the Manchester and Lancaster span . Following a bench trial, the trial court entered judgment in favor of Blake as follows: severance pay in the amount of $180,000 (representing 12 months salary); incentive compensation/percentage of net profits in the amount of $19,809.20; attorney fees and costs in the amount of $240,1047 ; and interest in the amount of $66,780.8. The total amount of the judgment to Blake was $256,589 (inclusive of interest) plus $240,104 in attorney fees, costs, and expenses.. Since breaking ground in summer 2019, that project attracted headlines as Donald Lee Hollowell Parkway's first significant . at 821823(3)..FN5. The issues, problems, consequences or repercussions. construction will be concrete slab on grade w wood stud walls & wood framed roofs. The trial court granted Blake summary judgment on his claims for incentive and severance compensation and on Brock Built's counterclaim for breach of fiduciary duty. at 823825(4)..FN6. at 181(2)(b)(ii), 643 S.E.2d 560. (404) 472-5707. (Punctuation omitted.) Andrews and Boggs, JJ., concur. Brock Built also challenges the attorney fee and cost award to Blake. "[T]he business judgment rule is a policy of judicial restraint born of the recognition that [officers] are, in most cases, more qualified to make business decisions than are judges." Brock Built Homes is proposing a 22-home subdivision on 14 acres at Friendship Church Road in west Cobb, down the road from Lovinggood Middle School and Hillgrove High School. The HOAs then work with the builder to fix work allegedly completed improperly. The trial court awarded Blake $207,279 in attorney fees and $32,825 in expenses. Williamson v. Strickland & Smith, Inc., 296 Ga.App. FN16. 754, 754-755(1), 320 S.E.2d 844 (1984) (circumstantial evidence is insufficient to overcome direct and positive evidence of the fact in question unless it points to a conclusion opposite that of the direct evidence). As Blake concedes on appeal, however, the trial court's award calculation was erroneous. If I ever have an issue or question, they are always available to help in a kind and timely manner.. "I cried day and night because all I wanted to do, honestly, was . at 585(2). Bourke v. Webb, 277 Ga.App. A12A0518, challenging the severance and attorney fees portions of the judgment, and Blake appeals in Case No. 749 (627 S.E.2d 454) (2006). I would choose Brock Built again and if you want to make the best choice, you should too!. It follows that the duty allegedly breached by Brock Built and the damages arising therefrom arose solely from Brock Built's alleged breach of contract and are encompassed within that claim. Horton are experiencing similar problems. at 821823(3). adams crossing i-1 model, 2873 barnett ct building 5 lot 15 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 13 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, 2873 barnett ct building 5 lot 14 construction of a new 2 story town home building w attached garage rear concrete patio front porch *** ld 201900010 1464 northwest dr aka 2873 barnett ct building 5 lot 13, West highland townhomes -bldg 5-lot 681-construct new 2 story townhome. We affirm the imposition of attorney fees and costs against Brock Built, but we reverse and remand the case to the trial court for determination of the proper amount of the award. Compare TSG Water Resources, 260 Fed.Appx. A09A1537. Specifically, the trial court awarded Blake 40 percent of the $518,198 he sought in total damages, plus his costs, rather than 40 percent of the $256,589 awarded to Blake..FN18. Brock Built, 300 Ga.App. (Ron Baselice/Tribune News Service file) TNS NEW! Thank you Dahlia, Barry, Mark, Steve, Evanne, Brian, Joe and anyone else that helped me with my new home!, We could not be any more pleased with our home purchase through Brock Built. It's genuine performance. And generally, no fiduciary duty runs from an employer to an at-will employee. See id. A09A2373, decided Mar. 338, 341342 (562 S.E.2d 371) (2002) (affirming the trial court's contract interpretation). Tvrdeich, 268 Ga.App. 554, 558, n. 4, 2000 WL 1839390 (2000). In turn, the trial court denied Brock Built's motion for summary judgment on Blake's claims for incentive compensation and tortious breach of the duty of good faith and fair dealing. [1] Although Brock Built argues in its brief that there were "errors in the transcription," both parties agreed that the transcript accurately recounted the February 10 meeting. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Blake concedes that he began doing business for Terranova Properties in February 2006, the same month his employment relationship with Brock Built was terminated. See Matter of Munford, Inc., 98 F.3d at 610-611(B); Cottle, 849 F.2d at 574-579(II)(A)-(D); Medserv Corp., 1997 U.S. Dist. Customer Complaints Summary Business's Response Rate: 75% 4 total complaints in the last 3 years. And when Blake presented a sworn affidavit asserting that he had never improperly withheld payment of an invoice, Brock Built failed to point to any such properly submitted yet intentionally delayed expense and/or any other competent evidence of invoices not being paid at Blake's direction. FN4. Visit Website. 579, 584(2) (602 S.E.2d 297) (2004)..FN16. FN11. Do Not Sell or Share My Personal Information, 442-H New York Standard Operating Procedures. 4. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. In bench trials, the judge sits as trier of fact[,] and the court's findings are analogous to a jury's verdict and should not be disturbed if there is any evidence to support them.9. In fact, in the contract, which both sides testified was negotiated and revised by both, the parties agreed that the accountant's calculation would be final and binding. Blake's bonus, therefore, is calculated using the figure $944,220. See, e.g., Benchmark Builders, Inc. v. Schultz,_ Ga.App. Blake was terminated from Brock Built in February 2006.12 It is undisputed that in February 2006, Blake incorporated Terranova Properties, Inc., a residential construction and remodeling company, listing himself as the incorporator, president, and sole member of the Board of Directors. Breach of Fiduciary Duty. The trial court also reduced Blake's incentive compensation by $10,000 based on an advance on profit sharing paid to him by Brock Built; the reduction is not at issue on appeal. Brock Built, 300 Ga.App. 1110 Northchase Pkwy SE Ste 150. (Citation omitted.) 2021 Brock Built LLC, Builder of New Construction Homes. And, contrary to Brock Built's assertion, Blake's statement that he "was leaving" is not synonymous with a statement that he voluntarily resigned, nor does it create a question of fact on that issue in light of the other direct evidence to the contrary. The trial court, however, awarded Blake 40 percent of the total amount of damages Blake sought at trial, including the amount he sought on his incentive compensation claim.18 Therefore, we affirm the imposition of attorney fees and costs, but we vacate the attorney fees and costs award and remand the case for proper calculation thereof consistent with this opinion. 3. (Punctuation omitted.) Blake further alleged that Brock Built tortiously breached its duty of good faith and fair dealing in determining its annual net profit for the purposes of calculating Blake's incentive compensation. We invite you to visit our Atlanta, GA new home communities in exceptional locations including West Midtown, Intown, Downtown, East Atlanta, Norcross, Vinings, Woodstock, Marietta and East Cobb. This graph shows the distribution of these job values. I love the team, I love the house, I love the neighborhood, and Thank God everyday for giving me the opportunity to live in the most beautiful home that I have ever owned! See Magill v. Edd Kirby Chevrolet, Inc., 277 Ga.App. 816 (686 S.E.2d 425) (2009). Patents on Brock's PowerBase and PowerBase YSR products (Case No. Negotiations are continuing on attorney fees . (b)Brock Built also contends that the trial court erred by awarding Blake $240,104 in attorney fees and costs because he failed to demonstrate the reasonableness of the amount sought. LEXIS 18246 at *5-6, 10 (granting summary judgment to corporate officer despite evidence of "a laundry list of alleged failings and shortcomings in the [officer's] performance of his duties"); Flexible Products Co., 284 Ga.App. FN19. An Atlanta-based builder with a portfolio of some 1,400 homes is setting sights on Bankhead's Donald Lee Hollowell Parkway, where almost no major investment has occurred in recent decades. 576, 579(2)(b), 586 S.E.2d 74 (2003) (officer breached fiduciary duty when he converted tens of thousands of dollars of cash belonging to corporation to his own use). Building permit records show that Brock Built Homes LLC has worked on 1135 permitted projects. Specifically, the trial court awarded Blake 40 percent of the $518,198 he sought in total damages, plus his costs, rather than 40 percent of the $256,589 awarded to Blake. Our building permit records indicate that Brock Built Homes LLC has worked on at least (ld-201300025) west highlands phase 2 section 2, Construction of a new single family home with attached garage (ld-201600064), New townhome- 2107 marietta rd a/k/a 1912 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1922 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1847 brooks dr. nw building #3 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1853 brooks dr. nw. In turn, the trial court denied Brock Built's motion for summary judgment on Blake's claims for incentive compensation and tortious breach of the duty of good faith and fair dealing.2, This Court affirmed the grant of summary judgment to Blake on his claim for severance compensation3 ; reversed the grant of summary judgment to Blake on his claim for breach of contract based on Brock Built's failure to pay him the full amount of incentive compensation to which he was entitled, concluding that the record evidence presents a question of fact on this issue4 ; affirmed the grant of summary judgment to Blake on Brock Built's counterclaim for breach of fiduciary duty5 ; and reversed the denial of summary judgment to Brock Built on Blake's claim for breach of good faith and fair dealing.6, The case was then remanded to the trial court for determination of the amount of severance and incentive compensation due to Blake and whether to award him attorney fees. Brock of Hemet, CA Verified Reviewer. at 817818. The civil suit, filed today in New Castle [] 300 Ga.App. On Friday, February 10, 2006, Brock Built's owner, Steve Brock, summoned Blake into his office and conducted a meeting which was recorded in short-hand by Brock's secretary and later transcribed[1] during which the employment relationship between Blake and Brock Built was severed. Original review: March 30, 2022. Brock . We disagree. The Contract defined "profit margin" as. FN8. The lawsuit says mold developed on basement walls, within the heating and air-conditioning system and in subfloor and carpeting throughout the house. But even construing the record in the light most favorable to Brock Built, the evidence does not support a finding of voluntary resignation. Brock Built next argues that the trial court erred in granting Blake summary judgment on its counterclaim for breach of fiduciary duty. FN8. Brock Built counterclaimed, alleging both breach of contract and fiduciary duties and also seeking attorney fees. Honest service and great value are among our top priorities. at 409-410(2), 491 S.E.2d 853; Rhine, 100 Ga.App. at 758(5), 556 S.E.2d 517; Constr. Atlanta-based Brock Built Homes is planning 140 townhomes, 35 single-family residences and 41,800 square feet of commercial space, according to documents filed with the City of Alpharetta. If you are looking for remodeling ideas, you can, When BuildZoom last verified this license, it had an expiration date of. Ron Kaufman. Unlock this free profile _ (Case No. 356, 357, 677 S.E.2d 321 (2009). at 820821(2). The Contract further allowed termination of the employment relationship with or without cause by either Blake or Brock Built, provided, however, that "[a]ny termination shall be communicated by written notice *428 of termination to the other party." Even if we were to assume that Blake's allegedly selfish motives could render Brock Built's financial success in 2005 a breach of his duty to the company, Brock Built failed to submit any specific evidence in support of its claims. at 758(5), 556 S.E.2d 517; Constr. 579, 584(2) (602 S.E.2d 297) (2004). #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1918 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1920 kings cross building #4 (there are 21 permits sharing the same set of drawings bb-201602434 2437-2456), New townhome- 2107 marietta rd a/k/a 1849 brooks dr nw. Has worked on 1135 permitted projects fees and $ 32,825 in expenses challenges the attorney fee and cost award Blake! Stud walls & wood framed roofs judgment, and Blake appeals in Case.! 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